Section 101 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 101 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers certain judicial authorities to take immediate action in cases of abduction or unlawful detention of women or female children.
๐ Text of Section 101
Upon a complaint made on oath regarding the abduction or unlawful detention of a woman or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class may:
Immediate Restoration: Order the immediate restoration of the woman to her liberty or the female child to her parent, guardian, or other lawful custodian.
Enforcement: Compel compliance with such an order, utilizing necessary force if required.
โ๏ธ Legal Context
Purpose: This provision ensures swift legal intervention to protect women and female children from unlawful confinement or abduction.
Authority: It grants specific magistrates the power to act promptly upon receiving a sworn complaint, facilitating immediate action to safeguard the individual's liberty.
Use of Force: The section explicitly authorizes the use of necessary force to enforce the restoration order, ensuring compliance and protection of the individual's rights.
๐งพ Illustrative Examples
Example 1: A woman is abducted and unlawfully detained. Upon her family's sworn complaint, the District Magistrate orders her immediate release and, if necessary, directs the use of force to ensure her safe return.
Example 2: A female child is kidnapped. The child's guardian files a sworn complaint, prompting the Sub-divisional Magistrate to issue an order for her immediate return to her lawful guardian, employing necessary force if required.
๐ Comparison with Indian Penal Code (IPC)
| Provision | BNSS, 2023 | IPC, 1860 |
|---|---|---|
| Definition of Offence | Section 101 | Section 366 |
| Punishment | Not specified | Up to 10 years imprisonment and fine |
Note: While Section 101 of the BNSS provides for the immediate restoration of abducted individuals, Section 366 of the IPC prescribes punishment for kidnapping or abduction with intent to compel marriage or illicit intercourse.
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